Joint tenancy includes the right of survivorship. But if one joint tenant transfers their interest during their lifetime, the joint tenancy is severed and survivorship is lost for that share.
If a co-owner collected all the rent from a shared property, sometimes for years, a partition action lets you recover your share. Here is how to prove it.
The court or partition referee may need proof of who paid the mortgage to divide the sale proceeds. Here is how to gather and organize those records, including digital payments.
When a property can’t be divided into equal-value parts, the court can order owelty, a payment from the co-owner who receives more to the one who receives less.
A quiet title action asks a court to decide who owns property. In co-ownership disputes, it is often paired with a partition action, which ends the co-ownership.
Co-ownership can turn from friendly to hostile after a breakup, a disagreement over investment strategy, or a fight over use of the property. A partition action ends the deadlock.
Generally not. A partition action is an equitable action, so a judge decides it, not a jury. Talkov Law has never seen a partition action go to a jury trial.
A partition referee is usually paid at the end of the case, typically from the sale proceeds at the same time the co-owners are paid.
If you want to improve a co-owned property, timing matters. Here are the advantages and disadvantages of paying for improvements at each stage of a partition action.
Tenancy in common is the most common and default form of co-ownership in California. Here is how it works and how it differs from joint tenancy.
Representing co-owners statewide. Find your nearest Talkov Law office.
Practical guides from attorneys who focus exclusively on California partition actions.
The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.
